Mumbai: The Bombay High Court has directed the Collector of Mumbai Suburban District to conduct a survey to determine whether illegal construction has been carried out on land reportedly belonging to IIT Bombay at Chandshahwali Dargah, Niti Road, Powai.
A bench of Chief Justice Alok Aradhe and Justice MS Karnik passed the order while disposing of a Public Interest Litigation (PIL) filed by one Shabbir Abdul Shaikh. The petitioner’s advocate Laxman Kalel alleged that the respondents – Feroz Karimullah Khan, Shabuddin Qureshi, and Jahid Choudhary Soni – had illegally encroached upon a vacant plot used by children for recreational purposes.
“No individual has a right to encroach on anybody’s land. However, whether or not the respondents have encroached on the land belonging to IIT Bombay is a disputed question of fact and cannot be determined in summary proceedings under Article 226,” the bench observed.
The court has instructed the Collector to issue notices to all parties, including the CEO of IIT Bombay, and to conduct a joint survey in their presence. The Collector is also directed to offer a hearing to all parties involved and allow them to submit documents supporting their claims.
“If the Collector finds that encroachment has taken place on IIT Bombay’s land, necessary action must be initiated for removal of the unauthorized structures in accordance with law,” the court said.
The PIL notes that the petitioner had obtained evidence through RTI and lodged multiple complaints with the BMC, Powai police, and IITB authorities. However, no effective action was taken. Advocate Manish Jain for the respondents refuted the claims.
The court clarified that it has not expressed any view on the merits of the case. “Any person aggrieved by the Collector’s decision will be free to seek legal remedies,” the order stated. The entire exercise must be completed within three months.
The government pleader OA Chandurkar assured the court that police assistance will be made available for removal of any encroachment found on the IIT land.
